Agency employment rights Leeds

Agency Workers Rights Solicitors

Rights as an agency worker

If you are an agency worker, you have certain basic rights at work as soon as you start work and get more rights when you have been in the same job in the same organisation for 12 weeks. In some cases, you will be an employee of your agency. If you are an employee you will have more rights.  

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Rights as soon as you start work 

You have the right: 

• to be paid at least the national minimum wage  

• to take paid holiday  

• to work a limited number of hours each week 

• to be safe where you work 

• to be told about vacancies where you are working unless they are only available to staff who are at risk of redundancy 

 

What rights do you get after 12 weeks? 

You get the same basic pay and conditions as people hired directly by the organisation and who are doing the same work as you in the same place.  

You should get the same: 

• basic pay - this includes overtime, shift work allowances, some bonus or commission payments, childcare or meal vouchers 

• breaks in your working week  

• rest breaks during your working day  

• paid annual leave 

• extra rights if you are pregnant 

This could mean that you are entitled to better terms and conditions than you get from your agency. 

If you’re not getting the same rights as other workers after 12 weeks call us. 

 

If you are an employee of your agency 

You will have the same employment rights as all employees, including the right to: 

• statutory notice pay if your agency dismisses you 

• not be dismissed by your agency because you have asked or complained about certain legal rights  

• unpaid time off for emergencies  

After you have worked for the same agency for 2 years, you’ll also have the right to: 

• not be unfairly dismissed 

• be given the reason for your dismissal in writing  

• redundancy pay 

Maternity rights for agency workers

If you have been working continuously for 12 weeks and are or become pregnant you are entitled to certain additional rights, including but not limited to:

• The right to antenatal care
• The right to continue working for the company in which you have been placed
• The right to insist that pregnancy hazards in the workspace be removed or neutralised
• The right to collect 39 weeks of Statutory Maternity Pay or SMP

Typical agency rights violations for pregnant employees

As we mentioned above if you have been in one position for at least 12 weeks you are entitled to certain rights reserved for pregnant employees. It is possible the agency may not inform you of your maternity rights or that they actively work to undermine your maternity rights. Maternity rights violations often take the following forms:

• The agency refuses to keep you on their books once you inform them you are pregnant
• The agency shifts you to short-term assignments to avoid maternity rights kicking in
• The agency refuses to consider you for jobs after you become pregnant
• The agency releases you after learning you are pregnant
• The agency refuses to allow you to return to work after taking maternity leave

When to call Frederick Solicitors

Any form of workplace discrimination is not acceptable. If you feel the agency you work for is engaging in discriminatory behaviour you will want to be mindful of the following:

Time limitations

There is a statute of limitations on discrimination claims for agency employees. If you feel you have been discriminated against you will have 3 months less one day from the date the alleged discrimination took place to file a claim with the Employment Tribunal.

If you believe multiple incidents took place on different dates each incident will have its own deadline for filing. Also, if you have missed a deadline for some reason you might be allowed to submit a late claim if you can prove a valid reason for missing the deadline.

Settlement options

Taking an agency to court over an alleged incident of discrimination can be expensive and time-consuming. Depending on the severity of the incident it may be in your best interest to forego a tribunal and pursue a private settlement with the agency.

In either case, the experts at Frederick Solicitors can help ensure your rights are protected and that if violations of those rights have occurred that you get fair and just compensation.

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